The situation in 2026 reflects rapid change, regulatory diversity, and political contention as countries balance economic potential with public health and legal concerns.
What Counts as “Hemp” and Why It Matters
Hemp is generally distinguished from marijuana by its very low concentration of THC, the psychoactive compound. Most regulatory systems define hemp as cannabis with THC levels below a set threshold to separate it from intoxicating cannabis. For example:
- The European Union permits hemp cultivation if THC is below 0.3% and uses certified seed varieties.
Despite similar technical definitions, how different countries treat hemp and related products varies widely, especially when it comes to consumables like CBD oils, gummies, or beverages.
The United States: Major Legal Shift Underway
The U.S. has been one of the most dynamic and contentious arenas for hemp regulation:
Federal Changes (2025–2026)
In late 2025, U.S. Congress passed a law that fundamentally changes federal hemp policy. Hidden within a broader spending bill, lawmakers rewrote the legal definition of hemp and signalled a ban on most hemp-derived products that contain intoxicating cannabinoids, including many CBD products and popular hemp extracts. This change is scheduled to take effect in November 2026 unless amended.
This move effectively reverses aspects of the 2018 Farm Bill, which had removed hemp (≤0.3% THC) from the Controlled Substances Act and opened the market for CBD and other derivatives.
Enforcement Challenges
Federal agencies such as the FDA and DEA may lack the resources to enforce a broad ban, leading to uncertainty for growers and retailers.
Bottom line (U.S.): While industrial hemp cultivation remains legal for now under federal law and in many states, a sweeping regulatory reset is coming in late 2026 that could restrict or ban many consumable hemp products nationwide.
Europe: Stable Cultivation, Patchwork Rules for CBD
In the European Union, industrial hemp has widespread legal status:
- Farmers can grow hemp with THC levels below 0.3% using approved seed varieties.
However, when it comes to CBD and hemp-derived wellness products, the landscape is more complex. Each EU member state has its own approach: some allow CBD freely within THC limits, others treat it as a novel food or even restrict edible products.
Across Europe, many nations limit CBD based on both THC content and product type, creating a mosaic of regulations rather than a unified market.
The United Kingdom: Licensed Hemp and CBD Nuances
In the UK, hemp cultivation continues legally but only under strict licensing by the Home Office, and producers must meet conditions related to THC and controlled substances.
CBD products are available and widely used, but their legal status depends on how they are classified. For example, as exempt products versus controlled cannabinoids, and may require licensing for production or import.
Recent reforms aim to streamline some licensing procedures, but regulatory complexity remains high.
Other International Contexts: Diverse and Dynamic Markets
Asia
Regulation varies substantially:
- In Japan, CBD is legal only if it contains zero THC.
- Thailand allows hemp and cannabis products under controlled medical frameworks with low THC thresholds.
In many Asian countries, hemp and CBD face strict controls or licensing requirements that limit consumer access.
South America
Several countries have embraced more progressive cannabis and hemp policies:
- Markets such as Colombia and Uruguay allow commercial hemp and CBD sales within regulated systems.
Africa
Places like South Africa have emerging CBD markets with unique dosage and THC restrictions, while other countries move gradually toward reform.
Global Trends and International Law
At the international level, hemp and cannabis continue to be shaped by broader shifts in drug policy:
- The UN Commission on Narcotic Drugs has relaxed some cannabis scheduling, signaling increased tolerance for medical and industrial uses worldwide.
Still, recreational cannabis remains broadly illegal in many jurisdictions, and hemp’s legal status is often treated separately from marijuana in national laws.
Consumer and Business Implications
Today’s regulatory environment has important implications for:
- Farmers — who benefit from legal industrial cultivation in many regions.
- Manufacturers — who must navigate evolving rules on CBD, edibles, and other derivatives.
- Consumers and travellers — who should check local laws before purchasing or using hemp products abroad.
Approximately 50+ countries allow some form of legal CBD products, albeit with differing conditions and THC caps.
Hemp’s global legal status in 2026 reflects both progress and contention:
- Many nations support industrial hemp farming and recognize its economic and environmental benefits.
- Regulatory approaches to CBD and other hemp-derived products vary dramatically from permissive to highly controlled.
- In major markets like the United States, imminent legal changes could reshape the hemp economy and consumer access as soon as late 2026.
Staying informed about local and international regulations is crucial for businesses, consumers, and advocates in this evolving space.
